Unfair Dismissal – Time Limits

The way of the world is that everything seems to get more complicated. Things that were once simple are “improved” and, in the process, become extremely confusing. Let me give you an example of what I mean and see what you think.

The basic time limit for making a claim to an employment tribunal if an ex-employee thinks he or she has been unfairly dismissed is three months. However, this deadline can be extended if it is not reasonably practicable for the ex-employee to make a complaint within three months.

This all sounds like quite a straightforward rule. Three months is quite a long time to make a claim and in the days gone by, employment tribunals took a lot of persuading before they would allow late claims. By and large, everyone knew what the position was – make a claim in three months or go away. Employers, employees and their advisers all knew the score.

Now I’m not so sure. Two cases illustrate what I mean.

Imperial Tobacco dismissed Mr Wright on 4 March 2004 because of his poor attendance record which was caused, it was alleged, by his heroin addiction. His internal appeal was rejected on 8 May 2004 following which he “descended into the depths of drug induced degradation”. His three months for claiming unfair dismissal expired on 3 June. By mid-July, he had cleaned himself up and he made a claim of unfair dismissal on 2 August, nearly two months late.

Was he allowed to carry on with his claim? Yes. The fact that the reason for the failure to meet the three month deadline was caused by his own criminal behaviour wasn’t taken into account. The Chairman of the Employment Tribunal said that his dismissal and the failure of his internal appeal had caused Mr Wright to involuntarily resume drug taking and so his failure to make a claim in time was not his fault.

In Agrico v Ireland, Miss Ireland was sacked on 14 June 2004. A solicitor was instructed on 23 June to make a complaint of unfair dismissal on her behalf.

The deadline for making the claim was 13 September. On Friday 10 September, Miss Ireland’s solicitor went on holiday telling his secretary to check a few details with Miss Ireland and fax the claim to the tribunal on 13 September – deadline day. On Monday 13 September the secretary was ill and so the claim was not made until 14 September.

It was decided in this case that the time limit could not be extended for one day.

I understand the legal reasoning for both these decisions, but it all seems a bit odd to me. Two months extension for a drug addict engaging in what is criminal behaviour but not one day when a secretary is ill. Maybe it’s just me! If I had my way the deadline would not have been extended in either case.

Published 27/09/2006.